Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices
Section 3.05 - Procedure for Processing Applications for New Permits, Temporary Permits, Permit Renewals and Permit Transfers

(1) Each application for any new permit, temporary permit, permit renewal or permit transfer shall be processed in accordance with the procedure set forth in 700 CMR 3.05. The Director may however, waive any procedure set forth in 700 CMR 3.05 not specifically required by statute.

(2) Within a reasonable time after the filing of a completed application, the Director shall make a determination in writing on whether to grant or deny the application. If the determination is to deny the application, the Director shall set forth a brief summary of reasons for the denial, including citations to applicable law and the provisions of 700 CMR 3.00 relied upon.

(3) Within a reasonable time after making a determination as set forth in 700 CMR 3.05(2), the Director shall send by mail, written notification to the applicant of that determination.

(4) If the determination is to deny, the applicant may request a hearing in accordance with 700 CMR 3.19.

(5) All hearings referred to in 700 CMR 3.05 shall be conducted as adjudicatory proceedings pursuant to 700 CMR 3.19.

(6) A determination shall become final:

(7) The Director may extend any deadline prescribed in 700 CMR 3.05.

(8) Where the provisions of 700 CMR 3.05 provide for deadlines after the "receipt" of notification, the date of the receipt shall be established by the date of certified mail delivery or other competent evidence. If the Director mails a notice to the latest address of a person on record with the Director and if delivery is refused or cannot be made to that address, the date of receipt shall be presumed to be ten days after the date the notice was mailed.